He Testified

By: Rhuben

Summary – ["Deleted Scene" from Flash 4x10, "Trial of the Flash"] Captain Singh never thought he'd ever have to take the stand against someone like Barry Allen. -Companion piece to "He Didn't Run."-


Captain David Singh stared into the deep recesses of the steaming cup of coffee that his husband placed down in front of him. He didn't need the caffeine. He had already been awake for hours, stomach twisting itself into a tight knot.

He never thought he'd ever have to take the stand against someone like Barry Allen. The subpoena that arrived in the mail nearly knocked the breath out of him. He knew it was coming, but still hoped every day that this was all just a bad dream. But every morning he would wake up, go to work, and address the office with the current status of the "Allen Trial."

Everyone wanted to know about it. It was on all of the news channels. Breaking bulletins would cut through his late night programs just to give an update. He couldn't escape it. It was everywhere. No one wanted to miss a minute of the trial regarding the son of the famed Henry Allen. Everyone wanted to know how everything would turn out.

"I knew it. I knew Allen would turn out just like his father."

"He was working with the CCPD."

"How could no one see this coming? Wasn't he in therapy as a kid?"

"He works at crime scenes. What if that was a way to figure out how to get to people?"

On and on the inane comments and questions were whispered around the streets, murmured in the break room, discreetly passed along while out on crime scenes. And they were all so…so. It was bullshit. No one knew the real Barry Allen, only what they saw of him in the media, printed in newspapers, and passed around online. There was no way to escape it, and there was nothing he could do to stop it.

"David," Rob said, placing a hand on David's shoulder as he gently occupied the chair beside his husband, "honey, everything will be ok." David didn't answer and he frowned. "It will be hard, but I know you'll do the right thing. Just answer their questions truthfully, no matter what."

"He's looking at a heavy sentence, Rob," David replied, watching the steam from the coffee twist and turn before disappearing in the air. He wished all of this could disappear. "No matter what, this will ruin his life." He settled back in his chair, crossed his arms over his chest. "I just can't believe this. I don't want to believe this."

"You saw what you saw."

"I know." He took his untouched coffee mug and raised the rim to his lips. His tongue burned, and he flinched when he took a gulp. He could feel the hot beverage as it burned and slid through his body, warming him more than any positive thought could. "And I have to tell them how it all happened."

"Barry knows you're just doing your job," Rob reassured him, rubbing his arm. David placed his free hand over top Rob's. Palm turned over, Rob took David's hand in his. "Even though you had to put the restraining order on him, we were still invited to his wedding." David gave a hint of a smile. "I think that says something about your character and how much you mean to him."

"Yeah." Setting his coffee down, he reached for his phone as it vibrated against his thigh. Refusing to drop Rob's hand, earning a good-natured chuckle from his husband, he finagled and twisted his arm to reach into his opposite pocket to retrieve his phone. Google Alerts and work e-mails started flooding his inbox. "And it begins."

Rob was instantly on his feet. "At least eat something before you go," he insisted, opening the refrigerator door. "I can make eggs, and toast. We have some Turkey bacon."

"I'll pick something up on the way." Captain Singh pushed back his chair and grabbed his work briefcase. Pulling the strap over his head, he returned Rob's worried stare with a reassuring smile. "I'll actually stop this time." Ignoring the cold air hitting his back, he tapped his fingernails on the top of the refrigerator door. "I promise."

"Ok." Rob shut the refrigerator and stepped over to David, grasping his hands. "No matter what be you, be honest, and be good." He gave him a quick kiss. "I'll be here when you get home. Check in whenever you can, ok?"

"I don't have to testify until this afternoon," David said. "I don't think I'll ever be able to concentrate on paperwork today. So, you can expect a lot of calls."

Rob smiled gently. "I look forward to it." He silently took in the sight of his husband. "Be safe."

"I will." David squeezed his hands. "I will."

He couldn't remember what he had done at work. While in the office, he was on autopilot. He gave the morning announcements, took phone calls to update cases, dictated where the officers would be stationed to patrol the streets, assigned who would be safeguarding the West/Allen family as they traveled to the court house, and walked the trips to the vending machine for his daily junk food purchases all without a second thought ore realization that he was doing it.

The only thing that broke up the day was a probably metahuman call. Seeing Joe West was an undeniable possibility but still, it was hard to see him. Hard to talk to him. Hard to tell him that he had to go to the courthouse to speak against Barry. Hard to see Joe's face go blank, to force understanding, when he reassured David that it was ok that he was testifying on the prosecutor's behalf. Just like it was hard to sign the restraining order against Barry in the first place. Or listening to the words that Marlize DeVoe had used to accuse Barry of harassment.

It was just hard.

Just like the court room benches were hard. And uncomfortable. All of them. The ones in the front hall as he waited to be directed where to go, the ones in the waiting room, even the one on the witness stand that waited for him.

"Would you please state your name for the court?"

"Captain David Singh."

"Could you please spell your first and last names, please?"

David did so. With a shaking hand, which he pressed as firmly onto the Holy Book as he could to still it, he was sworn in ("David Singh, do you swear the evidence and testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?). He took the stand. He answered every question openly and honestly, voice strong and clear as it was projected through the courtroom from the microphone in front of him.

Looking out across the sea of faces, at the jury, at the recorder whose fingers were poised above his keyboard ready to take down every word he said, to the DeVoe's attorney, to the divide of the spectators, and finally to Barry who didn't take his eyes off of him, David had never felt more uncomfortable. He had been in this position many times before, but never to speak against someone like Barry.

He answered all the questions with no issue, until one. "Who was it that you saw standing over Clifford DeVoe's body?"

Barry's name was on the tip of his tongue, but he couldn't get it out. He couldn't stop looking back at Barry with the same intensity that Barry stared at him. His lips formed a thin line, his suit was pressed nicely, and his hands were clasped tightly together. To everyone in the audience, he looked calm, cool, and collected. From his vantage point, David could see Barry's knee bouncing. Just like it had been when he first brought Barry into the station for questioning.

He was strong, but he was a scared kid. As scared as he was, 17 years prior, when he was being questioned on the events of his mother's murder.

"Captain Singh, would you please answer the question?"

"Do you need me to repeat the question?"

David zeroed in on the prosecutor's face. His face was stoic, if not a little impatient. His eyes gleamed, clearly happy to know that he had backed him into a corner. Silence was good to have on your side. That hesitation made any jury start to look at you funny. What was making your hesitate? Did you not want to answer the question? Could you answer the question? Would the next words be truthful?

"No." His voice cracked. He cleared it and tried it again. "No, no. I saw Barry Allen standing over Clifford DeVoe."

It all went downhill from there on the prosecutor's side. Questions were thrown at him left and right, faster than he could answer them, faster than he could think about answering them. Throughout it all, Barry gave him a pleading look, shaking his head from side to side, lips parting to mouth his innocence. But the truth was out there, he never thought twice about why Barry was late.

Because he didn't really care. It was like he said, Barry was a hard worker. And a good man. He wasn't about putting bad people in jail. He was all about getting answers, and aiding in the process of giving the victims and their families peace.

It didn't matter. No one would remember that when they heard all the times he was late, and how many times he had never called him out for it. And he had granted the restraining order against Barry.

As far as he was concerned, whatever sentence was handed down, David had put the words in the judge's mouth. And still, through all of that, not once did Barry ever break down.

The trial against Barry Allen was a remarkable case indeed. Just like the man himself.


A/N: With this show occurring in real time, I'm pretty sure I have the length of time since Nora's murder correct, but if not someone please let me know. What did you all think of "The Trial of the Flash?"

Hope you enjoy.

-Rhuben